AWU - AMR ENTERPRISE AWARD
2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Australian Workers’
Union, New South Wales, industrial organisation of employees.
(No. IRC 4427 of 2000)
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Before Mr Deputy President
Grayson
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24 and 25 October
2000
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AWARD
PART A
Clause No. Subject Matter
1. Title
2. Purpose
3. Commencement
and Term of Award
4. Hours of
Duty
5. Shift
Allowance
6. Overtime
7. Meal
Allowance
8. Wages and
Classifications
9. Training
and Multi-skilling provisions
10. Joint
Consultative Committee
11. Contract
of Employment
12. Disputes
13. Disciplinary
Action
14. Holidays
15. Annual
Leave and Loading
16. Long
Service Leave
17. Sick Leave
17a. State
Personal/ Carer’s Leave Case - August 1996
18. Bereavement
Leave
19. Jury
Service
20. Payment of
Wages
21. Briefing
Sessions
22. Clothing
23. Requirement
to Work in Accordance with the Needs of the Enterprise
24. Recall to
Work
25. Superannuation
26. Union
Meetings
27. Redundancy
28. Essential
Service
29. Salary
Sacrifice
30. GST Clause
31. No Extra
Claims
32. Anti-Discrimination
PART B
Table 1- Rates of Pay
Table 2 - Other Rates and Allowances
PART A
1. Title
This award shall be known as the AWU - AMR Enterprise Award
2000.
2. Purpose
The purpose of this award is to regulate the conditions of
employment and to describe the enterprise agreements which will exist between
Australian Metal Recovery Pty Ltd ("the employer") and the AWU, New
South Wales Division ("the union") at its area of operation located
within No. 21 Processing Area, Springhill Road Port Kembla.
This award shall apply to employees of Australian Metal
Recovery Pty Ltd in the classifications contained herein.
It will be the objective of the parties to create a work
environment at the Australian Metal Recovery plant which will encourage and
support a highly skilled and committed workforce where team work and employee
development are priorities in achieving the plant’s business objectives.
3. Commencement and
Term of the Award
This award shall take effect from the beginning of the first
pay period commencing on or after 5 September 2000 and shall apply thereafter
until 30 June 2002.
This award rescinds and replaces the AWU-AMR Enterprise
Award 1997 published 11 September 1998 (306 I.G. 560) as varied.
4. Hours of Duty
(i) Ordinary
working hours shall be an average of 38 hours per week over the full cycle of
the relevant work roster.
(ii) Shift
arrangements for all employees will be subject to the rosters set out in
subclause (v) of this clause.
(iii) Shifts shall
be of no longer duration than eight hours.
Any time worked beyond this specified basis shall be at the rates
defined in Clause 6, Overtime.
(iv) Shift workers
shall be paid, in addition to the rates payable under this award, shift work
allowance in accordance with Clause 5, Shift Allowance.
(v) Australian
Metal Recovery is a 24 hour a day operation with an undertaking that night
shift (10pm - 6am Sunday to Friday) will be manned by volunteers.
There will also be an undertaking by the employees that
night shift shall be fully manned by operators who possess the necessary skills
during periods of annual leave and/or maintenance training.
Should the employees fail to provide full manning as
agreed above, the company shall direct employees with the necessary skills to
work such night shifts.
All employees shall be provided with a minimum forty
eight hours notice if required to work on a shift other than that ordinarily
rostered for, unless a shorter period is mutually agreed. If the required notice period has not been
given, all shifts worked within the required notice period shall be paid at
overtime rates in accordance with Clause 6, Overtime.
Shift arrangements for all employees will be subject to
the following rosters:
(a) Day and
afternoon shift rotation:
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Week One
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6:00am to 2:00pm
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Monday to Friday inclusive
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Week Two
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2:00pm to 10:00pm
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Monday to Friday inclusive
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Week Three
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6:00am to 2:00pm
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Monday to Friday inclusive
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Week Four
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2:00pm to 10:00pm
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Monday to Friday inclusive
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(b) Maintenance:
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Week One
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6:00am to 2:00pm
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Monday to Friday inclusive
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Week Two
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6:00am to 2:00pm
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Monday to Friday inclusive
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Week Three
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6:00am to 2:00pm
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Monday to Friday inclusive
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Week Four
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6:00am to 2:00pm
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Monday to Friday inclusive
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Maintenance training will be for a period of three months
per year of service with the understanding that some non-trades qualified
operators may need to spend additional time the first time to gain the full
benefit of training.
(c) Night Shift:
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Week One
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10:00pm to 6:00am
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Sunday to Friday inclusive
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Week Two
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10:00pm to 6:00am
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Sunday to Friday
inclusive
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Week Three
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10:00pm to 6:00am
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Sunday to Friday inclusive
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Week Four
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10:00pm to 6:00am
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Sunday to Friday inclusive
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(vi) Employees
shall accrue 0.4 of one hour for each shift worked to allow one day to be taken
off as a paid leisure day for each twenty day cycle worked.
(vii) Due to the
commitment of a continuous five day operation leisure days will be taken at
mutually agreed dates.
(viii) However, due
to business needs, agreed hours may need to be varied and this will occur after
mutual agreement between the Manager and the team operators.
5. Shift Allowance
(i) Shift workers
shall be paid, in addition to the rates payable under this award, a shift work
allowance determined at the rate of as set out in Item 1 of Table 2 - Other
Rates and Allowances, of Part B, Monetary rates.
(ii) The first
stage is applicable from the first full pay period commencing on or after 1
July 2000.
The second stage is applicable from the first full pay
period commencing on or after 1 July 2001.
6. Overtime
(i) For all time
worked in excess of or outside the ordinary working hours and time prescribed
by this award shall be paid at a rate of time and one half for the first two
hours and at the rate of double time thereafter.
(ii) Employees for
all overtime worked on Saturday and Sunday, shall be paid at the rate of double
time.
(iii) Employees for
work performed on nominated public holidays and the Picnic Day shall be paid at
the rate of double time and one half.
(iv) Cancellation
of overtime in other than breakdown situations is to attract the following:
(a) Less than four
hours notice of cancellation when employee at work to be paid two hours at
appropriate rate plus a meal allowance.
(b) Less than 16
hours on weekend overtime shifts employee to be paid two hours at appropriate
rates. If the notification of weekend
overtime cancellation is less than eight hours a meal allowance will also be
paid.
7. Meal Allowance
Employees required to work overtime for more than two hours
after the ordinary cessation of shifts without having been notified on the
previous day of the requirement to work shall be provided with a meal by the
employer or paid $11.00 as set out in Item 2 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
8. Wages and
Classifications
(i) The ordinary
weekly rate which shall be paid to an employee, including the basic wage of
$121.40, shall be as set out in Table 1 - Rates of Pay, of Part B, Monetary
Rates.
(ii) First stage
is applicable from the first full pay period commencing on or after 1 July
2000.
Second stage is applicable from the first full pay
period commencing on or after 1 July 2001.
(iii) For the
purpose of this award:
a Level One operator shall mean a new employee
undergoing the company’s skills training;
a Level Two operator shall mean a person employed as a
meltman, chemical plant operator, materials handling, crane operator, fork lift
operator, loading shovel and repairs and maintenance;
a Level Three operator shall mean an employee appointed
as a relief Team Leader;
a Level Four operator shall mean an employee appointed
as a Team Leader.
9. Training and
Multi-Skilling Provisions
(i) The employer
will provide opportunities and training for employees to attain the various
skills required to carry out the employer’s operations.
(ii) Attendance at
approved courses shall be paid on the basis of eight hour ordinary time. All
out of pocket expenses shall be provided by the employer.
10. Joint
Consultative Commitee
(i) A Joint
Consultative Committee shall be established and the membership shall be
determined by agreement between the employees and the manager.
(ii) The Joint
Consultative Committee shall facilitate and recommend multi-skilling and
training programs and assess the achievement of skills for individual
employees.
11. Contract of
Employment
(i) Employment
shall be on a weekly basis.
(ii) Employment of
new employees shall be for a probationary period of eight weeks service. Should
it be decided that the performance is unsatisfactory, then following
discussions with a representative of the union, the employment of the
probationary employee may be terminated immediately on completion of the eight
week trial.
(iii) Employees
shall perform work as the company shall from time to time reasonably require,
providing that the employee is suitably trained.
(iv) From time to
time the employer may need to employ casual labour by agreement of both parties
and they shall be paid the award rate of a Level One operator (as set out in
Table 1 - Rates of Pay, of Part B, Monetary Rates) plus a loading of 20% in
lieu of annual leave, long service leave and sick leave entitlements.
12. Disputes
(i) The dispute
procedure outlines shall apply to:
(a) individual
disputes; and
(b) disputes
between the employer and employees.
(ii) To enable
claims, issues and disputes to be progressed as work proceeds the following
shall apply:
(a) The employee,
employees or delegates of the union will place the claim, issue or dispute
before the immediate supervisor. The immediate supervisor will take all
reasonable steps to reply to the employee, employees or delegates of the union
by the end of the shift. If a reply cannot be given by the end of the shift, a
progress report shall be provided.
(b) Failing
agreement, the employee, employees or delegates of the union shall place the
claim, issue or dispute before the employer’s management. The claim, issue or
dispute and all relevant circumstances relating to it shall then be fully
reviewed by the management of the employer and by the union and all reasonable
steps shall be taken in an endeavour to resolve the matter within forty eight
hours.
(c) Failing
agreement, the claim, issue or dispute may be referred to the Industrial
Relations Commission of New South Wales.
(d) Whilst the
above procedure is being followed, work will proceed normally.
(iii) The above
procedures do not apply to claims, issues or disputes relating to genuine
safety matters. In such matters, the
employer will undertake immediate discussions and investigations with the
employee, employees, or delegate or official of the union.
13. Disciplinary
Action
(i) Should a
representative of the employer consider that an action of an employee requires
a disciplinary action the following procedure shall apply:
Stage 1 - The matter shall be discussed between the
representative of the employer and the employee in the presence of the union
delegate. If the occasion warrants
action then an official warning shall be given to the employee.
Stage 2 - If subsequent actions by the employee
requiring disciplinary action become evident the matter will be discussed
between the representative of the employer and the employee in the presence of
the union delegate. If the occasion
warrants action an official letter of warning shall be issued to the employee.
Stage 3 - Should further breaches or actions be
evident, discussion shall be held between the representative of the employer,
the employee, the union official and delegate and a decision shall be made as
to whether the employee shall be stood down or dismissed. After a period not
exceeding six months the conduct of the employee will be reviewed and if there
has been satisfactory improvement then an employee previously placed on stage
one, two and three will be moved back to the previous level.
(ii) The above
procedure shall not apply should action by the employee be serious misconduct
including the following:
Action considered to be a deliberate act of sabotage and/or
willful and blatant action dangerous to personnel and/or equipment.
Action considered to be a breach of the employee’s contract
of employment (clause 11), such as refusal of duty (clause 11(iii)) (abandonment
of the job leaving work unfinished without prior approval).
The theft and/ or the aiding and abetting the theft of
company property.
In such circumstances and following discussions with an
official of the union the employee may be immediately dismissed.
14. Holidays
(i) The following
days or the days upon which they are observed shall for the purposes of this
award be the nominated public holidays and no deduction shall be made from the
wages of employees for such holidays if not worked: New Year’s Day, Australia
Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday,
Labour Day, Christmas Day, Boxing Day.
(ii) A Picnic Day
shall be provided for and shall be taken by agreement.
15. Annual Leave and
Loading
(i) Annual leave
shall be provided in accordance with the Annual Holidays Act 1944.
(ii) In addition
to the ordinary weekly rate of pay for the period of annual leave, a loading of
twenty percent shall be paid.
16. Long Service
Leave
The provisions of the Long Service Leave Act 1955
shall apply.
17. Sick Leave
(i) Paid Leave of
absence shall be provided to cover personal illness and/or injury. Each
employee is entitled to no fewer than five days sick leave in accordance with
this clause.
(ii) Each individual
case will be reviewed by a representative of management and reviewed on its own
merits. When necessary, the approval
and length of paid sick leave will be determined after consultation with the
Team Operator and the Port Kembla Branch Secretary of the union.
(iii) The employee
is to notify the employer of the inability to attend for duty, the nature of
the illness and/or incapacity and the estimated duration of the absence before
the commencement of the absence where practicable but within eight hours of the
commencement of the absence.
(iv) Breaches of
notification, failure to provide necessary medical evidence and unusual or
excessive taking of sick leave determined by management shall be discussed
between the representative of the employer, the employee and official of the
union and the appropriate action determined.
(v) A committee
comprising of operators, the union and management shall review and formulate
sick leave policy during the first 12 months of this award.
(vi) Carers leave
will be provided up to a maximum of three days per year which can not be
accumulated. This leave will be granted
on presentation of medical evidence of this illness.
17A. State Personal/
Carer’s Leave Case - August 1996
(1) Use of Sick
Leave-
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause, who
needs the employee’s care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement provided for
in clause 17, Sick Leave, for absences to provide care and support for such
persons when they are ill. Such leave
may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person concerned
being:
(a) a spouse of
the employee; or
(b) a de-facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person or;
(c) a child of an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de-facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de-facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that a spouse, because of marriage, has to blood relatives
of the other;
(3) "household"
means a family group living in the same domestic dwelling.
(f) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave -
(a) An employee
may elect, with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single-day
periods, or part thereof, in any calendar year at the time or times agreed by
the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences until at leave five consecutive annual leave days are
taken.
(4) Time off in
lieu of payment for overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union, which is both party to the
award and which has members employed at the particular enterprise, of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the union(s) to participate in negotiations.
An employee and employer may agree to defer payment of
the annual leave
18. Bereavement Leave
Bereavement leave will be provided. The amount of leave required will be
determined by the representative of the employer and the employee.
19. Jury Service
An employee required for jury service during working hours
shall be reimbursed by the employer an amount equal to the difference between
the jury duty allowance and the amount of ordinary hours wages the employee would
have received during that period.
20. Payment of Wages
(i) All wages
shall be paid not later than Thursday of each week.
(ii) Payment shall
be by way of electronic bank transfer. Funds will be credited to the employee’s
nominated bank account on normal pay days.
21. Briefing Sessions
Quarterly briefing sessions are to be held to facilitate
management/operator communications and shall include discussions on general
site performance, training and company performance.
22. Clothing
(i) On commencement
of employment, then each twelve months each employee shall be provided with:
(a) Two pairs of
safety boots;
(b) Three shirts;
and
(c) Three pairs of
trousers
Further to this, on presentation of the damaged
clothing and/or boots the company will supply replacements within each twelve
months providing that employees wear the correct footwear in the designated wet
and dry areas.
(ii) Should an
employee leave or be dismissed within three months of commencing employment
then the cost of the value of the clothing issue shall be deducted from the
final wage payment.
23. Requirement to
Work in Accordance With the Needs of the Enterprise
For the purpose of meeting the needs of the enterprise, the
employer may require any employee to work a reasonable amount of overtime,
including work on Sundays and holidays at the rate prescribed by this award and
unless reasonable excuse exists, the employee shall work in accordance with
such requirements.
24. Recall to Work
(i) An employee
recalled from home to work overtime shall be paid for a minimum of four (4)
hours work.
(ii) The minimum
recall payment shall not apply if the work is cancelled and a minimum of two
(2) hours notice of cancellation is provided.
25. Superannuation
The employer shall contribute to a Superannuation fund which
complies with the Superannuation Guarantee Charge legislation on behalf of each
eligible employee a Superannuation contribution equivalent to not less than
eight percent of such eligible employee’s ordinary time earnings.
26. Union Meetings
Employees will be paid up to six hours per year of service
at appropriate rates to attend union meetings providing that;
an official of the union is present whenever
practicable,
the meetings do not interfere with production,
normal dispute settling procedures (clause 12,
Disputes) are adhered to.
27. Redundancy
(a) Discussion
Before Terminations.
(i) This clause
shall apply to any collective dismissals by way of retrenchment whether made at
the same time or over a period of time and where the dismissals relate to
circumstances affecting the employers enterprise and not to the conduct of
employee/s.
AMR shall hold discussions with the employees affected
and their union.
(ii) The
discussions shall take place as soon as practicable after AMR has made a
definite decision consistent with paragraph a) i) hereof and shall cover, inter
alia, any reasons for the proposed terminations, measures to avoid or minimise
the terminations and measures to mitigate any adverse effects of any
terminations on the employees concerned.
(iii) For the
purpose of the discussion AMR shall, as soon as practicable provide in writing
to the employees concerned and their union, all relevant information about the
proposed terminations including the reasons for the proposed terminations, the
number of workers normally employed and the period over which the terminations
are likely to be carried out.
(b) Severance Pay
(i) In addition
to the period of notice prescribed for ordinary termination an employee, other
than a casual, whose employment is terminated for reasons set out in paragraph
a) i) hereof shall be entitled to the following amount of severance pay in
respect of a continuous period of service:
|
1 year or less
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nil
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1 year - up to completion of 2 years
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4 week’s pay
|
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2 years - up to completion of 3 years
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7 week’s pay
|
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3 years - up to completion of 4 years
|
10 week’s pay
|
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4 years - up to completion of 5 years
|
12 week’s pay
|
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5 years - up to completion of 6 years
|
14 week’s pay
|
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6 years - up to completion of 7 years
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16 week’s pay
|
and 3 weeks for every year completed thereafter up to a
maximum of 26 week’s.
(ii) In addition
to b) i) hereof each redundant employee will be entitled to four weeks notice
or payment in lieu of notice.
(c) Employment
Leaving During Notice
An employee whose employment is terminated for reasons
set out in paragraph a) i) hereof may terminate his or her employment during
the period of notice and, if so, shall be entitled to the same benefits and
payments under this clause had he or she remained with AMR until the expiry of
such notice. Provided that in such circumstances the employee shall not be
entitled to payment in lieu of notice.
(d) Alternative
Employment
Where possible and practicable AMR will endeavour to
assist redundant employees to obtain alternative employment.
(e) Time Off
During Notice Period
Where AMR has given notice of termination to a weekly
employee, the employee shall be allowed up to eight hours off without loss of
pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the
employee after consultation with the employer.
(f) Notice to
Centrelink
Where a decision has been made to terminate employees
in the circumstances outline in paragraph a) i) hereof, AMR shall notify in
writing to Centrelink hereof as soon as possible giving relevant information
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
(g) Employees with
Less Than One Year’s Service
This clause shall not apply to employees with less than
one year’s continuous service and the general obligation on AMR should be no
more than to give relevant employees an indication of the impending redundancy
at the first reasonable opportunity, and to take such steps as may be
reasonable to facilitate the obtaining by the employees of alternative
employment
(h) Employees
Exempted
This clause shall not apply where employment is
terminated as a consequence of conduct that justifies instant dismissal,
including malingering, inefficiency, or neglect of duty or after unsuccessful
behavior improvement procedures, or in the case of casual employees, or
employees engaged for a specific period of time or for a specified task or
tasks.
(i) Where a
decision has been made to terminate employees in the circumstances outlined in
paragraph a) i) hereof AMR shall first offer and allow voluntary redundancies,
to be accepted at management’s discretion and will be governed by the needs of
the enterprise.
This voluntary package will include all the present
entitlements in paragraph b) i) hereof plus severance pay of 2.5 weeks for
every full year of continuous service up to a maximum of 26 weeks.
(J)
(i) In cases
where an operator wishes to leave the company because of medical conditions
(excluding conditions subject to workers compensation claims), which both
parties agree precludes him or her from carrying out their normal duties, we
agree to pay all entitlements in paragraph b) i) hereof and severance pay of
2.5 weeks per full year of continuous service up to a maximum of 26 weeks.
(ii) In any case
it is agreed that the union will be advised prior to any such agreement being
reached or finalised.
28. Essential
Service
In the event that there is a stoppage of work by AMR
employees which may affect the supply of tin anodes, the union and its members
will agree to supply two operators at a mutually agreed time to ensure the
maintenance of supply to the BHP Packaging Product Tinning Lines.
29. Salary Sacrifice
The company will provide the ability for employees to salary
sacrifice their incremental award increases into the current Superannuation
fund.
This will occur on each employee signing a request to do so
for the period of each award stage, as set out in Table 1 - Rates of Pay, of
Part B, Monetary Rates.
30. Gst
This award is made in the expectation that the combination
of wage increases flowing from this award and the personal income tax cuts will
offset anticipated inflation over the period (including the one-time
inflationary impact of the Goods and Services Tax (GST). If after 1 October
2000 the annual inflationary level of GST has a significant unexpected and detrimental impact on employees,
the Union may seek discussions for a renewal Award earlier than July 2002.
31. No Extra Claims
The union undertakes not to pursue any extra claims, award
or overaward including State Wage Case Decision increases during the period of
operation of this Award.
32. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
PART B
TABLE 1 - Rates of
Pay
|
Classification
|
Base
Rate
$
|
First
Stage
$
|
Second
Stage
$
|
|
First full pay period on or after
|
1 Jan, 2000
|
1 July 2000
|
1 July 2001
|
|
Level One
|
639.82
|
665.41
|
691.00
|
|
Level Two
|
766.87
|
797.55
|
828.23
|
|
Level Three
|
789.83
|
821.42
|
853.01
|
|
Level Four
|
812.79
|
845.30
|
877.81
|
Table 2 - Other Rates and Allowances
|
ITEM No.
|
CLAUSE No.
|
BRIEF DESCRIPTION
|
AMOUNT
$
|
|
1
|
5 i)
|
Shift Work allowance for day, afternoon and maintenance
Base Rate
First Stage
Second Stage
Shift work allowance - night shift only
|
41.86
43.53
45.20
set at 25% of operators classification and rate of pay
|
|
2
|
7
|
Meal Allowance
|
11.00 for each meal
|
Signed the 27th day of July 2000.
Signed for an on behalf of:
Australian Metal Recovery Pty Ltd.
______________________________ _____________________________
Richard Bartkowiak Katherine
Byrne
GENERAL MANAGER OPERATIONS CONTROLLER
Signed for an on behalf of:
AWU Port Kembla Branch
______________________________ _____________________________
Andrew Whiley John
Markocic
BRANCH PRESIDENT -
AWU EMPLOYEE UNION DELEGATE
J. P.
GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.